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Home My WebLink Aboutresolution.council.074-93 ~a. ',., - ~). . 's" ~.. ,.t. --- -" RESOLUTION NO. r:L Series of 1993 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN DOOGER DIGGING AND THE CITY OF ASPEN, COLORADO, FOR THE LEASE OF ONE LOADER/BLOWER AND ONE TANDEM TRUCK FOR THE 1993-1994 WINTER SEASON, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a lease agreement between Dooger Digging and the City of Aspen. for the lease of one loader/blower and one tandem truck for the 1993-1994 winter season, a true and accurate copy of which is attached hereto as Exhibit t1AII; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that lease agreement between the City of Aspen and Dooger Digging, a copy of which is annexed hereto and incorporated . herein, and does hereby authorize the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on ~ the ~ day of ~~, 1993. ~ 5'. /:5~ John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held 011 the day hereinabove stated. dooger.res (It \ e tA 1- - .-. CITY OF ASPEN MEMO To: MAYOR AND COUNCIL Thru: AMY MARGERUM Thru: JOHN WORCESTER RANDY READY~ JACK REI~ september 9, 1993 Thru: From: Date: subject: CONTRACT FOR SNOW REMOVAL WITH DOOGER DIGGING ---------------------------------------- ---------------------------------------- Attached for your review and approval is a copy of Neil Beck's lease for snow removal equipment to support the efforts of the City of Aspen's Street Department. The City of Aspen has leased this equipment over the past 18 years to support the City owned equipment. This lease has never gone out for bid. Primarily, it provides for the use of one loader/blower and one tandem truck. In addition i.t provides for the use of four other pieces of equipment for snow removal related efforts. To lease the blower alone from another source would cost as much as Neil's entire lease to the City. The arrangement between Neil Beck and the City of Aspen has been mutually beneficial for many years. It helps Neil with cash flow in the winter and saves the city many thousands of dollars in purchase and lease costs. PROPOSED MOTION: I move to approve the lease of Neil Beck's equipment for this winter season of 1993-1994. CITY MANAGER COMMENTS: e \It e LEASE This lease made and entered into as of November 15, 1993 between the City of Aspen, a home rule municipal corporation (hereinafter "City"), and Dooger Digging, 515 West Gillespie street, Aspen, Colorado, 81611 (hereinafter "DD"). In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Description of Equipment DD leases to City one (1) loader/blower, one (1) tandem truck, as further described and identi fied in Exhibi t "A". Said equipment shall be furnished exclusive of drivers/operators and without gas and oil. As a benefit of this contract, DD shall provide City with the following equipment to use for snow removal only: 1.) John Deere Loader/Backhoe 2.) John Deere Dozer 3.) I. H. Excavator - to clean settling ponds 4.) Fuel Truck 5.) Welder/Service Truck This equipment shall be furnished without cost to city. 2. Term This lease shall be for a primary term of five (5) months, commencing November 15, 1993, and terminating at midnight on the 15th day of April, 1994. A secondary term, lasting for as yet an unspecified period of time may be exercised by City, for snOH removal purpose only within its sole discretion, depending on snOH removal needs after April 15, 1994. 3. Rent (Minimum Plus Adiustment for Additional Need). City shall pay DD rent for the primary term and any extension - 1 - t- .. -.... ., e in accordance with the following procedures: (a) ci ty agrees to pay DD a fixed sum of Thi rty-Ohe Thousand Five Hundred Ninety-Three and 94/100 Dollars ($31593.94) for the use of the aforementioned equipment during the primary term herein defined. The sum is to be paid in equal monthly installments of Six Thousand Three Hundred Eighteen and 79/100 Doll ars ($6318.79), commencing on Decemb-er 1, 1993, and terminating of April IS, 1994. DD agrees to provide a monthly billing statement on the first of each month within the primary term and city agrees to remit each payment no later than the tenth (lOth) of each month within the primary term. (b) In the event City exercises its option to lease the aforementioned equipment for the secondary term described herein, payment shall be made on a pro rata basis described in Exhibit "B" as annexed hereto and incorporated herein. 4. Use of Equipment City agrees to use the aforementioned equipment solely for the removal of snow and snow-related debris from City streets, roads, all eys, rights-of-way, easements, parking lots and other publ ic areas within the City of Aspen. City has first priority of use of'equipment, however DD also has the right to use equipment when it is not in use by City. 5. Maintenance and Repair City shall, at its own expense, maintain the equipment in good condition and in accordance with good maintenance practices, normal wear and tear excepted. Additionally, city shall, at its own - 2 - e e, ~r 'l!! e expense, make such minor repairs as deemed necessary and in accordance with good repai r practices. The City shall provide space for parking and maintenance of said equipment. 6. Operators Attached hereto and incorporated herein as Exhibit "C", is a list of all names and license numbers of all personnel eligible and authorized by City to be certified by DD in the operation of the aforementioned equipment. The aforementioned list will be updated with additional names as deemed appropriate and necessary by Harold smith. All personnel must have a current CDL driver's license. 7. Instruction City shall teach, instruct and certify to its and DD's satisfaction, all eligible City personnel contained in the aforementioned list, as updated from time to time, in the safe and correct operation of the aforementioned equipment. Uncertified personnel and personnel not holding a current CDL driver's license shall not be permitted to operate the aforementioned equipment. 8. Surrender of Equipment Upon termination of this lease by expiration of its terms or otherwise, City shall surrender the equipment to DD in good condition, except ordinary wear and tear. 9. Liability Insurance City, at its own expense, shall provide comprehensive public liability insurance or self-insurance in an amount(s) equal to those liability insurance limits as established in the colorado Governmental Insurance Act, C. R. S. 24-10-101, et seq. for all - 3 - e ~~ \t~.. tA. '. ~. tll' -._1 _ claims and suits stemming from any accident or negligence on the part of City, its agents, employees, or assigns while operating the aforementioned equipment. City will transit a certificate of Insurance to DD for their records & their Insurer's Records. 10. Bindinq Effect This lease shall be binding upon and inure to the benefit of City and DD and their respective heirs, personal representatives, successors, and assigns. 11. Modifications/Termination This lease may be modified only by written agreement executed by the parties hereto and be terminated by either party upon thirty (30) days written notice. 12. No Assiqnment This lease may not be assigned without the prior written permission of both parties hereto. Executed and delivered this/~ day of aYl-t4.JJ..-f ~1993. ~ ~ Clerk DOOGER DJ q1v' Neil Beck /3J - 4 - .. ., lA. ., e EXHIBIT "A" DD agrees to lease to City the following equipment: 1.) One (1) loader/blower, serial number 75A1728, described as follows: Pettibone-Mullikin Snow Thrower. JD turbo 6 cyl. diesel motor, mounted on Caterpiller 966-B Loader. 2.) One (1) Tandem Truck, serial number 1501068, 'described as follows: Kenworth C500A Truck with 15 cubic yard bed. - 5 - - ~.. .. e .' . EXHIBIT "B" In the event City exercises its option to lease the equipment described herein for the secondary term, there shall be no charge from DO. City agrees to pay all liability insurance during this time period. City agrees, in the event it exercises its option for the secondary term, to provide DD a true and accurate accounting of each day's use of the aforementioned equipment. - 6 - fA. ,., . .. . EXHIBIT "c" The following employees are on the City Payroll and authorized to drive DD equipment. !DRIVER'S LICENSE DRIVER'S LICENSE NAME I NUMBER STATE TYPE I I I I I I - 7 -